Common use of Incorporation of Provisions Clause in Contracts

Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 45 contracts

Samples: Sample Agreement, Grant Agreement, Grant Agreement

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Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA MARAD may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 30 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

Incorporation of Provisions. The contractor Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor Contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor Contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 23 contracts

Samples: Cost Participation, Construction and Maintenance Agreement, Cost Participation, Construction, and Maintenance Agreement, Cost Participation, Construction, and Maintenance Agreement

Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 19 contracts

Samples: Subcontract Agreement, Joint Powers Bridge Improvement Grant Agreement, Bridge Improvement Grant Agreement

Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action act with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions provisions, including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 6 contracts

Samples: Agreement for a Federally Funded Locally Administered Project, Agreement for a Federal Aid Locally Administered Project, Agreement for a Federally Funded Locally Administered Project

Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.United

Appears in 5 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

Incorporation of Provisions. The contractor will shall include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will shall take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 5 contracts

Samples: Roadway & Structure Contract, Roadway Contract, Roadway Contract

Incorporation of Provisions. The contractor Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor Contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA Federal Highway Administration may direct as a means of enforcing such such. provisions including sanctions for noncompliance. Provided, that if the contractor Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, ; the contractor Contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 4 contracts

Samples: Salt Utilization Agreement, Salt Utilization Agreement, Salt Utilization Agreement

Incorporation of Provisions. The contractor will shall include the provisions of paragraphs one through six in every subcontract, including procurements procumbent of materials and leases of equipment, unless exempt by the ActsRegulations, the Regulations and or directives issued pursuant thereto. The contractor will contract shall take such action with respect to any subcontract or procurement procurements as the Recipient or the FHWA Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided: Provide, however, that if in the event a contractor becomes involved in, or is threatened with, litigation with litigation by a subcontractor, subcontract or supplier because as a result of such direction, the contractor may request the Recipient to enter into any such litigation to protect the interests of the Recipient. In additionRecipient and, in addition the contractor may request the United States to enter into the such litigation to protect the interests of the United States.

Appears in 3 contracts

Samples: Memorandum of Agreement (Moa), Memorandum of Agreement (Moa), Memorandum of Agreement (Moa)

Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 3 contracts

Samples: Ground Transportation Operating Agreement, Ground Transportation Operating Agreement, Ground Transportation Operating Agreement

Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, Provided that if the contractor becomes involved in, or is threatened with litigation litigation, by a subcontractor, subcontractor or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 2 contracts

Samples: Agreement for Professional Services, Agreement for Professional Services

Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect request to any subcontract or procurement as the Recipient or the FHWA Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, subcontractor or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 2 contracts

Samples: Grant Agreement, Grant Agreement

Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA Maritime Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the State or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 2 contracts

Samples: Professional Services, Standard Agreement for Professional Services

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Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA FTA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 2 contracts

Samples: Title Vi Program Plan, Title Vi Plan

Incorporation of Provisions. The contractor Contractor will include the provisions of paragraphs one (a) through six (e) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor Contractor will take action with respect to any subcontract or procurement as the Recipient sponsor or the FHWA Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, Provided that if the contractor Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor Contractor may request the Recipient Authority to enter into any litigation to protect the interests of the RecipientAuthority. In addition, the contractor Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 2 contracts

Samples: Ground Transportation Agreement, Ground Transportation Agreement

Incorporation of Provisions. The contractor Contractor will include the provisions of paragraphs one paragraph (1) through six (6) in every subcontract, including procurements procurement of materials and leases of equipment, unless exempt by the ActsRegulations, the Regulations and directives issued order or instructions issues pursuant theretohereto. The contractor Contractor will take such action with respect to any subcontract or procurement as the Recipient State Department of Transportation or the FHWA Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided; provided however, that if that, in the event a contractor becomes involved involve in, or is threatened with, litigation with litigation by a subcontractor, subcontractor or supplier because suppliers as a result of such direction, the contractor Contractor may request the Recipient State to enter into any such litigation to protect the interests of the Recipient. In State, and, in addition, the contractor Contractor may request the United States to enter into the such litigation to protect the interests of the United States.

Appears in 1 contract

Samples: Professional Services

Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA DOT may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.. APPENDIX B

Appears in 1 contract

Samples: Fastlane Grant Agreement

Incorporation of Provisions. The contractor will Contractor shall include the provisions of paragraphs one (1) through six (6) in every subcontractsub-agreement, including procurements of materials and leases of equipment, unless exempt by the ActsRegulations, the Regulations and or directives issued pursuant thereto. The contractor will Contractor shall take such action with respect to any subcontract sub-agreement or procurement as the Recipient recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if provided, however, that, in the contractor event Contractor becomes involved in, or is threatened with, litigation with litigation by a subcontractor, sub-applicant or supplier because as a result of such direction, the contractor Contractor may request the Recipient to recipient enter into any such litigation to protect the interests of the Recipient. In State, and, in addition, the contractor Contractor may request the United States to enter into the such litigation to protect the interests of the United States.

Appears in 1 contract

Samples: Professional Services Contract

Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.the

Appears in 1 contract

Samples: Construction Manager/General Contractor Services Agreement

Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA Federal Highway Administration, may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 1 contract

Samples: Agreement for a Federally Funded Locally Administered Project

Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 1 contract

Samples: Contract

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